Regardless of the foreign policy rationalizations for failing to respond to Osama Bin Laden’s declaration of war against the United States prior to September 11th, we are faced with a de facto state of war, for over a full decade now, that will require an ever vigilant and determined commitment in order to secure the domestic security of our land. The use of available technology to break through our opponents’ intelligence networks has been a vital instrument of victory in past wars and will be in this struggle we now face. But, where is the line marking appropriate federal action from unconstitutional restraint? This article will attempt to briefly illustrate the history of this constitutional issue, and to discuss the inevitable legal crisis that domestic terrorism portends.

Beau James Brock. "A New Clear and Present Danger: Security, Freedom and Ordered Liberty on the Home Front During the War Against Terrorism" Around the Bar Iss. 250 (2010) Available at: http://works.bepress.com/beau_brock/31/

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